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The judgment below
Defendant A, B, C, D, E, F, and G shall be destroyed.
Defendant
C. 4 months of imprisonment and fine of one million won.
Reasons
The summary of the grounds for appeal is as follows: (a) the third Defendants except the Defendant H were responsible for the planning and management team of AD (hereinafter “AD”); and (b) Defendant F and G did not directly take part in the preparation of a business plan for the authorization of the instant transfer; (c) the weight of goods and delivery period of the sales contract, and the preparation and submission of a sales contract with false entries, with respect to the approval of the amendment of the business plan (in addition, Defendant F and G) (1) (the approval of the amendment of the business plan for AK).
(2) Since the approval of the instant perjury is due to insufficient examination by the person in charge of the instant affairs, it does not constitute a crime of obstruction of performance of official duties by deceptive means.
The charge of acceptance of a bribe of KRW 5 million (Defendant A) (1) was denied by Defendant G around the day when Defendant A was unable to know, and there was no fact that Defendant G refused to see the envelope, and that Defendant G received KRW 5 million from Defendant G.
(2) In particular, the lower court recognized that “Defendant A received an envelope containing five million won in cash from Defendant G in the middle of March 2011,” without following the amendment process of the indictment, stating that “Defendant A received KRW 2.5 million from Defendant G in the middle of March 2011 and received KRW 5 million in total by March 26, 2012,” and that this is contrary to the principle of no objection, in a case where there is a concern that the exercise of Defendant A’s right to defense may substantially be disadvantaged.
The judgment of the court below which found Defendant G guilty of this part of the facts charged on the basis of Defendant G, F, and E’s prosecutor’s statement, etc., although there was no fact that Defendant A, B, F, and B received the shopping white sum containing KRW 30 million in cash and KRW 10 million from Defendant G among September 201, 201, there was an error of misconception of the facts in the judgment of the court below that found Defendant G, F, and E guilty of this part of the facts charged.
Defendant
E.